Relevant extracts from a few landmark judgments of Supreme Court and various High Courts of India are enumerated below:

• Father or mother must be unable to maintain himself or herself
• Fulfilment of parental obligation is not a pre-condition to claim maintenance
• Daughter is liable to pay maintenance to parents
• Adoptive mother can claim maintenance
• Step-mother can claim maintenance
• Application for maintenance to be filed where the son / daughter lives

Law of Maintenance in India

Giving a plain meaning to the language used in section 125(1) and to the provisions relating to the father and mother in Clause (d) thereof, the only two circumstances which have to be gone into for the purpose of deciding a claim under section 125(1) appear to be that the father or mother must be unable to maintain himself or herself and secondly, the person against whom an order under section 125(1) is sought must have sufficient means to maintain the father or mother and yet neglects or refuses to maintain the father or mother.

The provisions in section 125(1) is a very special provision enabling the Magistrate to make an order against a son or daughter for payment of a monthly allowance for the maintenance of the father or mother who is unable to maintain himself or herself. The provision in section 125 is one of general application and is not related to the personal law of the parties. Implicit in the provision, therefore, is the statutory recognition of the obligation that a son who has sufficient means is bound to maintain a father or mother who is unable to maintain himself or herself. The provision is really in the nature of an ameliorative provision made for the first time recognising the right of infirm parents who are unable to maintain themselves to be maintained by their son or daughter who is possessed of sufficient means as also providing a remedy to enforce that right.

Having considered the provisions of section 125(1), it is clear to us that they do not contemplate that the obligation to maintain an aged, infirm parent who is unable to maintain himself or herself can be enforced only if it is preceded by the fulfilment of the parental obligation to maintain and bring up the children during the childhood of the children.

The argument which is advanced before us stems more from amoral indignation at being required to maintain a father who has not cared for the children during the time when he should have done so. However, effect must be given to the intention of the legislature which must be found from the words of section 125(1) alone and the petitioner cannot ask to be relieved form the said statutory obligation on any moral considerations.

It appears to us, therefore, clear that since the father in the instant case has been found unable to maintain himself and the petitioner who is a son is fairly well placed and is refusing to maintain him, the father was entitled to an order for maintenance under section 125(1) of the Code of Criminal Procedure.

An application under section 125(1)(d) of the Code of Criminal Procedure, 1973, by a father claiming maintenance from his married daughter is perfectly maintainable.

There can be no doubt that it is the moral obligation of a son or a daughter to maintain his or her parents. It is not desirable that even though a son or a daughter has sufficient means, his or her parents would starve. Apart from any law, the Indian Society casts a duty on the children of a person to maintain their parents if they are not in a position to maintain themselves. It is also their duty to look after their parents when they become old and infirm.

The parents will be entitled to claim maintenance against their daughter provided, however, the other conditions as mentioned in the section are fulfilled. Before ordering maintenance in favour of a father or a mother against their married daughter, the court must be satisfied that the daughter has sufficient means of her own independently of the means or income of her husband, and that the father or the mother, as the case may be, is unable to maintain himself or herself.

According to the definitions given in the General Clauses Act, the expression “father” includes both natural as well as adoptive father and the expression “son” also includes both natural born son as well as an adopted son.

It is true that the General Clauses Act has not defined the expression “mother”. But that does not mean that necessarily the expression should be taken in its restrictive sense. Indeed there are many expressions which have not been defined in the General Clauses Act. The General Clauses Act does not claim to be an encyclopaedia or dictionary which defines all expressions. One has therefore to look, while interpreting such expressions which have not been defined, to the context in which the expression has been used. It would have been a different matter, had the expression “mother” been defined by the General Clauses Act only to mean the “woman” who has given birth to the child, that is to say the natural mother only. Indeed the definition of the expressions “father” and “son” in the General Clauses Act would furnish a clue to the interpretation of the term “mother” which has been left undefined in that Act.

Now if expression “father” and “son” is to be given wider interpretation, we do not see any valid reason why the expression “mother” also should not be given similar wider interpretation so as to include an “adoptive mother” as well.

Such an interpretation would also seem to accord with the legal status of an adopted son.

5. Step-mother can claim maintenance : Supreme Court in Kirtikant D. Vadodaria vs. State of Gujarat and another (1996(4) SCC 479) said :

A childless step-mother may claim maintenance from her step-son provided she is widow or her husband, if living, is also incapable of supporting and maintaining her.

In the case on hand, material facts reveal that the step-mother namely the widow had two sons who are no more. Her daughter who is married, is living separately with her husband. This Court can take notice that in many cases, after marriage, the daughters join their husband’s family and that they may not be able to maintain their mother. Therefore from the facts of this case it is clear to me that the respondent (petitioner) is a widow and her daughter is not in a position to support and maintain her. In these circumstances, this Court can extend the logic and the reasonings of the Supreme Court by way of ordering maintenance to the respondents as though she is a helpless step-mother. To grant maintenance to such helpless step-mothers would be a motherly act and would be in consonance with the social object of providing maintenance to the destitute widow of Hindu Community. At the same time, I must add a rider that if it is proved that she has other modes of maintaining herself she may not able to get maintenance from her step-sons. The crucial question is as to whether she can maintain herself without support in the given set of facts. If the answer is ‘yes’ then she can claim maintenance from her step-sons. In the case on hand, the evidence on record would show that she is living alone and on account of her old age she is unable to maintain herself. It is not the case of the petitioners that her daughter can maintain her. If that were to be the reason she would not have filed the application. Taking into consideration the object of Section 125, the realities of helpless widow with a married daughter living separately, this Court has to lend its hands in the larger interest of attaining the object of Section 125.

6. Application for maintenance to be filed where the son / daughter lives : Supreme Court in Vijay Kumar Prasad vs State of Bihar & Others (2004 AIR 2123) said :

It is to be noted that Clauses (b) & (c) of sub section (1) of Section 126 relate to the wife and the children under Section 125 of the Code. The benefit given to the wife and the children to initiate proceeding at the place where they reside is not given to the parents. A bare reading of the Section makes it clear that the parents cannot be placed on the same pedestal as that of the wife or the children for the purpose of Section 126 of the Code.

As noted by this Court in several cases, proceedings under Section 125 of the Code are of civil nature. Unlike clauses (b) and (c) of Section 126(1) an application by the father or the mother
claiming maintenance has to be filed where the person from whom maintenance is claimed lives.

Comments

I NEED RECENT COURT JUDGEMENTS ON SECTION 125, MAINTENANCE OF PARENTS. I WANT TO KNOW WHAT ELSE THE COURTS HAVE OBSERVED THROUGHOUT INDIA IF THE FATHERS HAD USED THEIR CHILDREN AS COMMODITY AND SURVIVED AND THRIVED ON THE INCOME GENERATED BY SUBJECTING THEM TO DANGEROUS CHILD LABOUR.

I filed the same in court, maintainence from daughter in law and daughter in law got the job on compensate grounds of her son but court is denying, searching for any previous judgement. If anyone has, please do let me know!

Should orphans be forced to maintain their biological parents who have never cared for him in their entire life provided he did not inherite anything(wealth,care,love,relation, legacy) from them? Is it Just ?

in case of a widow with a minor son and taking care of both parents aged above 75 years
what scheme does the goverment have to support the system known as family incase of specialised medical expense of ailing elderly taken care of ?
Reading and understanding judgement is one aspect but are there any government consessions or schemes to assist this condition?

How the Maintenance of parents act 2007 has left out son in laws and daughter in laws is surprising. If the daughter is going to inherit property, the property is normally enjoyed by her husband also. It is a classic case where husbands go scot free without any responsibility towards his in laws. So also, sons inheriting property – daughter in laws would be enjoying the same. Then why son in laws and daughter in laws have been left out of the act – not able to understand.

Also, daughters who do not have incomes of their own, independent of their husbands, also should be made to support their parents. The whole act should be amended to this effect that son in laws and daughter in laws also should be included to look after their father/mother in laws etc.

Suppose the daughter or son predeceases the father, then the son in law or the daughter in law, as the case may be always claims his/her spouses’s share of the property. Then why this anomaly? Will anybody explain?

@saraswati:though i have hardly any knowledge of CrPc, i would like you to go through the judgement (point no.3) stated above whereby it is given that the son in law is not excluded(or income of her husband….) so the son in law is not absolutely freed of his responsibilities.

It is the responsibility of the daughter to maintain her parents. it is a social responsibility to every citizen to maintain their parents either daughter or son. We should not left the old age parents without sufficient means. It is the responsibility of the daughter and son equally to maintain their parents, who have sufficient means to lead their remaining life. It is the right of the parents to be maintain by their children.

Kindly let me know if married daughter can be ordered to pay maintenance in spite of the following. If any relevant judgements are there, please help me by giving details.
Thanks.
RAHUL
husband of aggrieved married daughter.

can daughter in law can claim maintenance from her father in law after the death of her 2nd husband (sepration through panch (people)agreement from the 1st husband with out legal divorce) & 1st husband alive.

i want to know can a mother at 60 above age can claim her 1/3rd share in property which is being in name of sons ,as mother once a power of attorney holder as sons were minor and had used her attorney and now the property belongs to sons as now they are grown up.

Please tell me the nature of justice we may expect from honorable court of law under “Maintenance of Parents and Senior Citizens Act,2007″ when a married SON has done the following :

(a) after death of his father 17 years back, left his widow mother to survive alone in utter solitude in her house, where her well placed govt. service holder son was not staying, with an ulterior intention.

(b) finding her mother’s fast deteriorating condition both in health and financial front, her unemployed daughter taken her to her husband’s place of posting and started maintaining her on the means of her husband.

(c) since then her son has almost disowned his mother.

(d) since last 11 years she is living on son-in-law’s means. 3 years back her son-in-law got retired and last week she has received a severe cerebral attack and got paralyzed.

(e) her well placed govt. service holder son when was informed about taking responsibility of her mother’s treatment refused straightway to comply.

Plz file a petition against the well placed educated but heartless son U/S 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before any Maintenance Tribunal for proper remedy instantly.

my father at the age of 56 yrs has done second marriage after the death of my mother without our consent and knowledge. Is he eligible for the maintenance allowance under Crpc 125. Presently he is having a son from his second wife and have enough property to be looked after. Pls reply me soon.

I am jitendra Kumar Singh Presently live in Jamshedpur in Jharkhand.
I want to know about my family property problem.
I was born in bihar on that time my mother suffering with a major problem after few month of my born my mom was died. After her death my father unable to fulfil my requirement (I was on 6 months) then on that time my father’s elder brother take a chance to save my life . After few month my father again marrie with anather women.
From her two sister and on brother. Now I am complete my all education . Both my father and my father’s eldest brother has been died. now problem is how I can claim my property because my step mother dont want to give me my parts of the property.
Now I am 31 years old .
Pls help me.

I want to the recent judgement of Supreme court of India about the who does not Look after his parents they are not liable share the parent’s property. This news published in Dainik Bhaskar in page 16 DOP 16-3-12 edition.

sir,one of my staff who was earlier during his service was directed by the court to pay Rs.7000/-PM as maintenance to his ex-wife.now the man has retired and is supposed to receive Rs.5.8 lakh as post retirement lumpsum.The ex-wife has applied with my office to give a share of 50% of this post retirement lumpsum amount (GPF,Leave salary and gratuity ect.)of the man.please advice me.Thank you.

I want recent judgements passed where husband has to pay maintenance to his unemployed wife and minor daughter even when both are residing in the same house. I also want to know the maximum percentage of his income payable to both wife and the child. Please help. Thank you.

I am suffering from fake complaint by my grandfather against me & my father. My uncle is actuate to my grandfather for complaint under section 125(1) against me & my father.
Because my uncle want to take all properties of my grandfather without giving any part to my father. Financially my grandfather is very strong & he is admit a face written complaint under section 125(1)
Please advice me what i do……………………….

I have problem in my family we got one house in mumbai we sold that property for
new flat we are 2 brothers elder brother was taken flat on his name becuse he did loan on that flat and he paid it too. but now days he dont to want keep me & my old age mother
at this place but we do not have any other place to leav i have low salary my brother
works in abbrod he got around 2 lak in one month so please help us their is any rule to save me my mother i here about old age parants maintance rule how many percent in this rule please give me GR. Site or any suggestion

sir i am working as manager in a nationalized bank.my father get a huge loan from this bank and account became NPA under the pressure of higher official i have to pay this by sale of my house withdraw of pf and getting other loan.now sdm has directed me to pay rs 3000 pm to my father as per his application filed at the place where my father lives not at my residence place.i am getting 55000 gross and 28000 net salary out of which i am paying int and installment of various loan of rs 14000 so i have net 14000 for my monthly expenses i have three brother and two sister all are average income 10000 to 15000 .can i filed civil suit against the decision to claim maintenance amt from all brother and sister.My father is daily drunker. please reply

I am a sick person and I can’t get married and Iam 43 year old man lives in Kerala who doesn’t have a stable job. My step mother’s relatives force me to take care of her for the rest of her life as she is a widoiw and un healthy. She gets my father’s pension and lives her own house. But I am very uncomfortable to live with her or look after her.
What is the legal solution?

Sir, my father was adopted at 3 years age
Now he is 50 years old
We are staying in his adoption parents home
But the problem is ofter 47years his born mother put case on my father under section 125 cr pc
And she ask share in his adoption property
She has any right to put this case on my father

what is provision in this law to vacate house owned by father and forcefully occupied by the two major sons, and they do not allow their father to enter the house and to stay in their father house, from the last one year.

Hi. I am Ulka Parab.
I need to know that – if my parents are getting a pension & it is still not enough for them to fulfill their needs, can they file a case of maintenance against their son, who is earning well.
Thanks/ Regards,
Ulka.

We are two brothers living separately. our mother (widow) gets a family pension of <8000/-per month. She is 88 years in age with Repaired Right Femur Bone and Acute Artharitis.It was agreed that both the brothers will take care of her and not so in a tight sense will at her will stay with both her sons as she deems fit. My but my brother is refusing to take his mother while she is keen to go for association of the brother's neighbourhood and social reasons that she toggles between both the son's houses. My brother impososed a condition that all costs are to the brother where our mother is staying. His refusal to take his mother to his home is puported to deny the provisions of law. My mother is mentally shatterred and seeks justice. What she can do under section 125 CrPC? Please respond asap with ground realities and the violation of Principles of Law